If the Articles of Impeachment voted on by the House reflect the Proposed Report, it is hard to see how the Senate trial cannot allow Blagojevich to subpoena relevant documents and witnesses (including Emanuel and Jarrett) to contest the allegations in the Cain affidavit. The Affidavit may suffice in an impeachment hearing, but no court would permit such a hearsay document in evidence. The underlying wiretap tapes,and the witnesses, are the only real evidence. As I predicted, if the Senate is to give Blagojevich a fair trial, the evidence in the possession of Fitzgerald should be subpoenaed to assist Blagojevich in his defense, and Emanuel and Jarrett will be necessary and material witnesses.While we would all like to see these two testify, and the Harry Reid Blago tapes released as well, I think we would want the criminal trial to take precedence.
Unless of course, the Illinois Senate does not intend on giving Blagojevich a fair trial, contrary to the provisions of the Illinois Constitution that the Senators "do justice according to law."
Thursday, January 08, 2009
A Fair Shake for Blago?
Will the legislature amend this problematic draft? Legal Insurrection, "Illinois House Impeachment Report Sets Up Clash Over Fitzgerald Prosecution Evidence.":
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